published_or_final_version / Public Administration / Master / Master of Public Administration

In this paper, we discuss a wireless grid in which users are highly mobile, and form ad-hoc and sometimes short-lived connections with other devices. As they roam through networks, the users may choose to employ privacy-enhancing technologies to address their privacy needs and benefit from the computational power of the grid for a variety of tasks, including sharing content. The high rate of mobility of the users on the wireless grid, when combined with privacy enhancing mechanisms and ad-hoc connections, makes it difficult to conclusively link devices and/or individuals with network activities and to hold them liable for particular downloads. Protecting intellectual property in this scenario requires a solution that can work in absence of knowledge about behavior of particular individuals. Building on previous work, we argue for a solution that ensures proper compensation to content owners without inhibiting use and dissemination of works. Our proposal is based on digital tracking for measuring distribution volume of content and compensation of authors based on this accounting information. The emphasis is on obtaining good estimates of rate of popularity of works, without keeping track of activities of individuals or devices. The contribution of this paper is a revenue protection mechanism, Distribution Volume Tracking, that does not invade the privacy of users in the wireless grid and works even in the presence of privacy-enhancing technologies they may employ.

Doctor Legum - LLD / The need to harmonise laws in Africa has grown in importance in view of the envisaged African common market. Economic integration cannot flourish without an effective regional legal framework. There is fragmentation in trade mark protection in Africa as evidenced by the existing two sub-regional organisations namely, the African Regional Intellectual Property Organisation (ARIPO) and the Organisation Africaine de la Propriété Intellectuelle (OAPI). The absence of a single regional legal framework has resulted in African countries not having a coherent strategy for advancing their common interests in regional and multilateral negotiations. African countries have acceded to agreements which do not reflect their interests such as Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). African countries have also been signing Regional Trade Agreements (RTAs) which contain higher intellectual property protection standards than the minimum standards prescribed by TRIPS. The purpose of this study is to formulate a proposal for the integration of trade mark laws in Africa, with a view to strengthening the regional legal framework. A consolidated regional position, based on an integrated legal framework, will strengthen Africa’s participation in negotiations. This will in turn ensure greater regard for, and better protection of, Africa’s interests and concerns. Trade mark laws are important as they can hinder or promote trade. Harmonised trade mark laws will create legal and commercial certainty as well as predictability, which is crucial for the promotion of trade and foreign direct investment. The central argument advanced is that the areas of convergence in the laws under study and in the way the laws are interpreted can form the basis for the harmonisation of Africa’s trade mark laws.

The Plant Breeder’s Right (PBR), also known as Plant Variety Protection (PVP), is a form of intellectual property afforded to breeders of newly bred plant varieties. In South Africa, intellectual protection of new plant varieties is afforded through the Plant Breeders’ Rights Act, 1976 (Act No. 15 of 1976) as amended in 1996. / The writer has been Registrar: Plant Breeders’ Rights since November 2007. Over the years the writer has interacted with several stakeholders with interest in plant breeders’ rights, including breeders, farmers, patent attorneys, growers, plant breeders’ rights administrators from other countries and civil society organisations. Although South Africa has had Plant Breeders’ Rights legislation since 1976, it has been observed that this piece of legislation is relatively unknown and often misunderstood even by the users of the system. In engagements with various stakeholders, it has been established that there are conflicting views amongst the stakeholders on pertinent issues related to the plant breeders’ rights system. There are views, among others, include: that the plant breeders’ rights system is only relevant and benefits breeders from big multinational companies such as Monsanto and farmers can never benefit in such a system; that the Plant Breeders’ Rights Act is synonymous with genetically modified organisms; that indigenous plants are neglected, and that the system only promotes protection of foreign varieties. The most contentious issue is however around the impact of plant breeders’ rights on the tradition of farmers to save, sell and exchange seed. / Very little is documented on the South Africa plant breeders’ rights system, more so from the administrator’s perspective. This study explored some aspects of the plant breeders’ rights system that may need policy interventions and legislation amendments, such as matters around the plant breeders’ rights system in relation to farmers’ rights, possible dual protection of Genetically Modified varieties in terms of the Plant Breeders’ Rights Act 1976 and the Patents Act 1978, as well as the participation of indigenous ornamental crops in the plant breeders’ rights system. / On the issue of the farmers’ rights: results of this work show that the current provision in the Plant Breeders’ Rights Act deals with Farmers’ Rights in a narrow sense, i.e. with the rights of farmers to save seed. It was established that this provision is inadequate for both the breeders and the farmers. A survey was also conducted among smallholder farmers from four provinces, namely Eastern Cape, Free State, Limpopo, and Western Cape. The interesting finding was that although there is so much debate around the impact of the plant breeders’ rights system on farmers’ rights, the majority of the farmers from this study group have never heard of the Plant Breeders’ Rights Act. There are farmers who are continuing with the practice of seed saving; however some farmers have indicated that they do not save seed they believe that this practice lowers yield. Those who do save seed mostly save their traditional seed, i.e. locally adapted seed lacking formal crop improvement as opposed to modern commercial seed. Some farmers have indicated that they do develop varieties through their own selections and believe that their varieties could qualify for protection in terms of the Plant Breeders’ Rights Act. It is evident that both government and the civil society organisations need to do more to educate smallholder farmers about laws and policies that impact their livelihood. Based on this study, a proposal was made to have the farmers’ privilege provisions in the current Plant Breeders’ Right Act amended to allow the Minister responsible for Agriculture to prescribe among others: the crops in which this provision will apply; the category or categories of farmers that would benefit; the circumstances under which royalties should be paid. This proposal was welcomed by most stakeholders and has since been incorporated in the draft Plant Breeders’ Rights Bill. It is envisaged that specific details around these factors will be included in the Regulations to the Act after extensive consultations with all relevant stakeholders. / There is a gap in policy and legislation with regard to the recognition of Farmers’ Rights as envisaged in the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). As such there are calls from some stakeholders including the civil society organisations that legislation on plant breeders’ rights must address these gaps and/or an alternative sui generis (of its own kind) system should be explored as the International Union for the Protection of New Plant Varieties (UPOV) system is not tailored for developing © University of Pretoria vii countries. In South Africa, legislation dealing with some aspects pertaining to Farmers’ Rights is spread over different government departments, e.g. Department of Agriculture, Forestry & Fisheries dealing with intellectual property protection only in as far as plant breeders’ rights; Department of Trade & Industry being custodians of intellectual property laws in South Africa and administrators of, among others the Patents Act; Department of Environmental Affairs dealing with Access and Benefit Sharing matters; Department of Science and Technology dealing with Indigenous Knowledge Systems and intellectual property protection emanating from publicly funded research institutions. More discussions are needed on South Africa becoming a member of the ITPGRFA as these will pave the way for further discussions and policy interventions addressing Farmers’ Rights in a broad sense. / As far as the Genetically Modified Organisms are concerned, South Africa has approved only three Genetically Modified (GM) crops for commercialization in terms of the GMO Act, 1997, namely cotton, maize, and soybean. This is contrary to some statements made by members of the public that much more crops, including pumpkin, potato, banana and tomato are genetically modified. In terms of intellectual property protection, of the total number of GM varieties protected by plant breeders’ rights per crop: 60% of varieties are GM for cotton, 61% for yellow maize, 34% for white maize and 63% for soybean. Currently there are no GM events used in these crops protected in terms of the Patents Act 1978, which effectively means that there is currently no dual protection for these crops. Dual protection is however one of the most hotly debated issues because of the impact it might have on the rights of farmers to save seed. It has been argued that in South Africa dual protection is possible. Scrutiny of the Plant Breeders’ Rights Act 1976, the Patents Act 1978 and the draft National Policy on Intellectual Property shows that all are silent on the issue of dual protection of plant varieties. The Departments of Agriculture, Forestry & Fisheries together with the Department of Trade and Industry need to initiate discussions around dual protection as well the use of Technology Agreements, between technology holders and technology users, in protecting GM varieties and the impact thereof for all role players in the value-chain in order to come up with the country position in this regard. / This study showed that ornamental plants attract the highest number of plant breeders’ rights applications. Of the applications received between 2000 and 2010 about 20% are of varieties developed from indigenous plants. Of plant breeders’ rights in ornamental plants, 84% are owned by foreign entities. Of the 16% owned by local entities, 12% are privately owned and 4% are owned by public research institutions. Some of the challenges facing this industry include the fact that there is inadequate turnover to allow for breeding programs and research initiatives; this is exacerbated by plant breeder’s rights infringements which lead to further revenue losses. Other challenges the industry face include high labor costs and lack of market information. The national Department of Agriculture, Forestry and Fisheries together with the other relevant departments, e.g. the Department of Labour and the Department of Trade and Industry need to engage more with the floricultural industry stakeholders to discuss the challenges facing the industry and come up with policies that would be conducive for the further development of the industry in order for South Africa to benefit from its unique biodiversity. Literature study has also established that breeders are keen on developing varieties of medicinal plants that are uniform and stable. This would call for domestic legislation on intellectual property protection that is aligned with legislation on Biodiversity and Access and Benefit-Sharing. / This study highlights the importance of engaging stakeholders from both the formal and informal sector and brings attention to gaps in our policies and legislation. This study has already made a major contribution in the draft Plant Breeders’ Rights Bill through the inclusion of the revised provision on farmers’ privilege. This revision is aimed at ensuring that the legitimate interests of the breeder are protected whilst the rights of the farmers are recognized. It is hoped that this study will make a positive contribution to future policy developments and will lay a foundation for future studies pertaining to the plant breeders’ rights system and its impact in the agricultural sector. / Thesis (PhD)--University of Pretoria, 2016. / Department of Agriculture, Forestry & Fisheries / Paraclinical Sciences / PhD / Unrestricted

Intellectual Property Protection is been understood in this paper as IP laws and enforcement of these laws in order to protect intellectual property rights. The goal of this research work is to understand how Swedish companies view issues regarding to Intellectual Property Protection (IPP) and how it influences a foreign company?s market entry mode. In order to achieve this objective, the Nigerian market situation and its? laws that govern IPP will be used to analyzed this issue. This paper argues that IPP is an important factor that influences a company?s entry mode and this argument finds IP laws and enforcement as two variables that influence the market while the market situation influences the foreign company. In carrying out this research literature was reviewed and interviews carried out. The research methodology section has presented a qualitative research and explains the nature of the interview stages that have been used to achieve the goals concerning the findings of the empirical data. A qualitative method was adopted by carrying out in-depth semi-structured interviews. The empirical data collected from the investigation were gathered and analyzed based on the research questions. The findings show that IPP of a host market influences a potential foreign company through the market situation that is also influenced by IP laws and enforcement. The outcome of these findings argues that the Swedish companies that were interviewed in this research will enter the Nigerian market through an intermediary mode. This has been based on the current IPP system of Nigerian.

We present a method of mitigating theft of sequential circuit Intellectual Property hardware designs through means of watermarking. Hardware watermarking can be performed by selectively embedding a watermark in the state encoding of the Finite State Machine. This form of watermarking can be achieved by matching a directed graph representation of the watermark with a sub-graph in state transition graph representation of the FSM. We experiment with three approaches: a brute force method that provides a proof of concept, a greedy algorithm that provides excellent runtime with a drawback of sub-optimal results, and finally a simulated annealing method that provides near optimal solutions with runtimes that meet our performance goals. The simulated annealing approach when applied on a ten benchmarks chosen from IWLS 93 benchmark suite, provides watermarking results with edge overhead of less than 6% on average with runtimes not exceeding five minutes.

In this thesis, we address the problem of digital intellectual property (IP) protection for the field programmable gate array (FPGA) designs. Substantial time and effort is required to the design complex circuits; thus, it makes sense to re-use these designs. An IP developer can sell his design to the companies and collect royalty. However, he needs to protect his work from security breach and piracy. The legal means of IP protection such as patents and license agreements are a deterrent to illegal IP circulation, but they are insufficient to detect an IP protection breach. Watermarking provides a means to identify the owner of a design. Firstly, we propose a watermarking technique that modifies the routing of an FPGA design to make it a function of the signature text. This watermarking technique is a type of constraint-based watermarking technique where we add a signature-based term to the routing cost function. Secondly, we need a method to verify the existence of the watermark in the design. To address this we propose a digital signature generation technique. This technique uses the switch state (ON/OFF) of certain switches on the routing to uniquely identify a design. Our results show less than 10% speed overhead for a minimum channel width routing. Increasing the channel width by unit length, we could watermark the design with a zero speed overhead. The increase in the wire length is negative for majority of the circuits. Our watermarking technique can be integrated into the current routing algorithm since it does not require an additional step for embedding the watermark. The overall design effort for routing a watermarked design is equivalent to that of routing a non-watermarked design.

How might ownership of intellectual property rights (IPRs) bring about sustainable socioeconomic development for women entrepreneurs in the emerging cosmetics sector of Nigeria? This research question is motivated by the observation that despite the very significant economic role women entrepreneurs in Third World countries play, their economic status remains low. This low status is a result of various factors including limited access to formal finance mechanisms, high cost of finance and other infrastructural deficiencies, as well gender discrimination. Since the protection of intellectual property (IP) is claimed to be an effective strategy to sustain the growth and development of entrepreneurship, in this thesis I examine whether the IP regime engenders the development of women entrepreneurs in Third World countries. Using trademarks as an exemplar of IPRs and a case study of women entrepreneurs producing cosmetics in Nigeria, I carry out a nuanced analysis that questions assumptions about the role of the IP regime in the improvement of women's businesses in Third World countries. Through an intersectional lens, I explore whether and/or how to localize IP's impact in the context of complex global issues regarding IP protection. Deploying feminist methodology guided by theoretical frameworks of feminist theory and Third World Approaches to International Law (TWAIL), this thesis draws attention to the politics of gender and racism in the IP system and how this is exacerbated for women entrepreneurs in Third World countries. The thesis while acknowledging the importance of IP protection, finds that the current IP regime does not accommodate the innovations of women entrepreneurs in Third World countries like Nigeria, that semi and informal IP appropriation like secrecy, are more utilized by women entrepreneurs, and that gender plays a significant role in their acquisition and exploitation of formal IPRs. The thesis concludes that the IP regime as currently framed plays no role in the development of women entrepreneurs in Third World countries, and recommends amongst others, that a gender based legislative impact assessment of IP laws be carried out in Nigeria to ensure gender transformative reforms, and that the content of IP education be revolutionized to reflect the realities of women entrepreneurship in Third World countries.

Thesis (MComm)--Stellenbosch University, 2004. / ENGLISH ABSTRACT: This study analyses the extent to which the current intellectual property system is suited to the protection of traditional knowledge in the Western Cape. Employing a multidisciplinary approach that incorporates economic and legal theory as well as legal philosophy, this study argues that although advances in the fields of biotechnology has brought with it the need for greater intellectual property rights protection, the protection of traditional knowledge has largely been ignored. Traditional ethnobotanical knowledge holds immense economic value for both commercial entities seeking to develop products based on traditional knowledge as well as for the communities that possess such knowledge. Protecting traditional knowledge is necessary to ensure that the communities contributing their knowledge are recognized and compensated for such contributions. In order for a system to provide adequate protection for traditional knowledge it has to be consistent with and suited to the needs of traditional knowledge holders. This study therefore evaluates the prevailing system of knowledge protection as embodied in the intellectual property rights regime as a means of protecting traditional knowledge. The analysis reveals that the dominant justification for the existence ofIPRs is based on utilitarian considerations that promote IPRs as a necessary incentive encouraging innovative activity. This utilitarian justification also provides the basis for an economic justification for the existence of IPRs that suggests that the conferring of exclusive rights (in the form of IPRs) to innovators ensure that such innovators are able to recover their research costs and realize profits from their inventions. The IPR system as it exists is underpinned by these considerations and embedded in principles of individualism and private property. The WTO reinforces and promotes this approach to intellectual property in the TRIPs agreement by recognizing intellectual property as a 'trade related' issue. The inclusion of IPRs as a 'trade related' issue in the multilateral framework of the WTO reflects the interests of multinational corporations and developed nations who rely extensively on these mechanisms to maintain their power and wealth in an increasingly knowledge driven global economy. The exclusion of traditional knowledge within the TRIPs, coupled with the desire to extend patents to cover life forms is also indicative of this bias inherent in the system. South African intellectual property legislation is then applied to the traditional knowledge of an indigenous medicinal plant to test whether IPRs are able to provide adequate protection to traditional knowledge. In this regard it is found that patent protection, which could potentially provide the greatest form of protection for traditional knowledge is. not suited to the needs of traditional knowledge holders. Problems of identifying owners, determining inventors and novelty, time limited rights and costs all limits the potential of patents as a tool for protecting traditional knowledge. Similar constraints limit the potential of other categories of IPRs to provide protection for traditional knowledge. However, it was found that IPRs do provide a certain measure of defensive protection. The study therefore concludes that the IPR system as it exists, both in the international trade environment as well as at the national level, fails to adequately address the threat of appropriation and the concerns of traditional knowledge holders. Amending the IPR system and/or developing sui generis systems of protection are therefore necessary to ensure that the knowledge of communities are protected and such communities are able to benefit from the exploitation oftheir knowledge and resources. / AFRIKAANSE OPSOMMING: Die doel van hierdie studie is om vas te stel in hoe 'n mate die huidige sisteem vir die beskerming van intellektuele eiendom geskik is vir die beskerming van tradisionele kennis in die Wes-Kaap. 'n Multidissiplinêre benadering, wat uit elemente van ekonomiese- en regsteorie sowel as regsfilosofie haal, is gevolg om te wys dat die beskerming van tradisionele kennis grootliks geïgnoreer is, alhoewel nuwe deurbrake in biotegnologie die behoefte skep vir groter bekerming van intellektuele eiendom. Tradisionele etnobotaniese kennis het geweldige ekonomiese waarde vir beide die kommersiële entiteite wat produkte uit sodanige kennis wil produseer sowel as vir tradisionele gemeenskappe aan wie die kennis behoort. Dus, indien sulke gemeenskappe voordeel wil trek uit hierdie kennis, is dit nodig dat hul bydraes erken moet word, en dat hulle daarvoor vergoed moet word. Sulke beskerming sal net doeltreffend wees indien dit aangepas is by die behoeftes van hierdie gemeenskappe. Dus word die huidige sisteem vir die beskerming van tradisionele kennis geevalueer in hierdie studie. Die ondersoek wys dat die sisteem vir die beskerming van intellektuele eiendom berus op die teoretiese basis van nutsmaksimering, waar die hoofdoel te vinde is in die bydrae wat dit kan maak tot ekonomiese welvaart deur middel van innovasie. In hierdie opsig word beskerming van intellektuele eiendom beskou as 'n manier waardeur die innoveerder sy navorsings- en ontwikkelingskostes kan delg en wins kan maak. Hierdie benadering word onderskryf deur die WTO in die TRIPS Ooreenkoms. In hierdie opsig word die belange van veral die ryk lande en die multinasionale maatskappye bevorder, 'n sleutelvoordeel in 'n wêreld waar kennis gepaardgaan met mag in die mark. Hierdie verskynsel word versterk deur die uitsluiting van tradisionele kennis van die TRIPS Ooreenkoms en die behoefte daaraan om patentregte uit te brei. Suid-Afrikaanse wetgewing oor intellektuele eiendom word vervolgens toegepas op die geval van tradisionele kennis oor 'n inheemse medisinale plant om te toets of intellektuele eiendomsreg genoegsame beskerming aan tradisionele kennis bied. Daar is gevind dat patentregte, wat potensieël die grootste mate van beskerming sou kon bied, nie gepas is in die geval van houers van tradisionele kennis nie. Probleme wat voorkom sluit in die identifisering van eienaars, innoveerders en innoverings, die tydsbeperking op regte, asook kosteoorwegings. Ander vorms van beskerming is aan soortgelyke kritiek onderhewig, alhoewel bevind is dat intellektuele eiendomsreg wel 'n mate van defensiewe beskerming bied. Die gevolgtrekking word dus gemaak dat die huidige vorms van beskerming vir intellektuele eiendomsreg, beide internasionaal sowel as in Suid-Afrika, nie die belange van die houers van tradisionele kennis beskerm nie. Dit is dus nodig om die huidige vorms aan te spreek, of om sui generis beskerming te ontwikkel om hiervoor te sorg.

自19世紀以降，各國體認以國內法律為基礎的保護方式具有侷限性，因此開始嘗試以國際條約的方式對智慧財產權進行規範，產生了巴黎公約、伯恩公約、羅馬公約等國際協定，可定位為智慧財產權保護多邊貿易架構形成的第一階段，也是第一次各國國內立法朝國際保護靠攏的現象。1967年WIPO成立使多邊貿易架構顯得較為完備，然而在WIPO之運作架構下又因為不同國家的立場分歧未能進一步修正智慧財產權公約，多邊架構發展出現瓶頸，已開發國家未因此退出多邊貿易架構，反而選擇持續完善此多邊架構。TRIPS於1995年烏拉圭回合後生效，規定了嚴格且具體的執行規範，但是多邊架構未能於TRIPS後再取得重大成果，已開發國家和開發中國家在智慧財產權利益之立場分歧使得多邊架構之發展陷入僵局。已開發國家於TRIPS後時期選擇了另一種途徑，本文舉美國FTAs貿易政策為例，發現此時出現了暫時偏離多邊架構，改以雙邊架構為政策重心的分離，惟雙邊貿易政策經本文分析並無法產生美國的預期效果。 ACTA的發展可以定位出美國目前的政策走向，改採協商複邊貿易協定的方式，希望可以循FTAs政策的途徑，企圖讓ACTA此複邊架構的成果可以擴張到多邊架構中。本文認為2010年12月公布最終版本的ACTA能否順利生效仍屬未知數，即便順利生效，依其談判成果可以推定，已無法達到所有參與談判國的預期。不論已開發國家之後的政策走向為何，我們可以發現擁有智慧財產權利益國家的最終目標仍是提升國際間智慧財產權保護水準，過程中則變動地、持續地在多邊、複邊貿易架構中，選擇性執行能達成最終目標的政策，國際智慧財產權保護貿易架構中存在著各國政策反覆於多邊、複邊架構間來回擺盪的分合現象。 關鍵字：TRIPS、反仿冒貿易協定、智慧財產權保護、TRIPS-Plus / Countries found out that the protection of intellectual property based only on national law was insufficient. They chosen to base on international agreement from 19 century and concluded important treaties such as Paris Convention, Berne Convention and Rome Convention. This is the first phase in the process of which the intellectual property protection under the multilateral trade framework forming. WIPO was established at 1967 and completed the multilateral trade framework a little further. But countries had different positions thus could not obtain mutual recognition on specific issues. The developed countries did not walk away from the framework; nevertheless, they worked even harder to try to get some result. TRIPS came into force at 1995 after the Uruguay Round which is the most important multilateral agreement at the present day. The multilateral trade framework was stuck after TRIPS resulting from the gap between the developed and developing countries. The former began to work in other direction. We took the U.S. bilateral trade policy of FTAs as an example and found out there is a temporary departure from the multilateral trade framework at this phase. The U.S. policy of FTAs however didn’t achieve the goal expected. We could point out the next step of U.S. by observing the negotiation of Anti-Counterfeiting Trade Agreement (ACTA). U.S. took a different approach by negotiating the ACTA and hoped there will be a spillover effect from the plurilateral agreement to the multilateral framework. Negotiating parties announced the final draft of ACTA on December 3rd, 2010. After analyzing the final draft, we could make a conclusion that the result from the negotiation is not outstanding; moreover, it is not clear whether the agreement will come into force in time. No matter what kind of action will the developed countries take in the next, their final and utmost goal is always trying to protect the intellectual property and their related interest. Changing policy becomes the normal condition. This leads to the phenomenon that the intellectual property protection is continuously swaying from the multilateral side to the bilateral or plurilateral trade framework, and vice versa. Key Words: TRIPS, Anti-Counterfeiting Trade Agreement, Intellectual Property Protection, TRIPS-Plus